Legal Aid (Amendment) Act 1986 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Legal Aid (Amendment) Ordinance 1986

No. 63 of 1986

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 13 October 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

LIONEL BOWEN

Attorney-General

An Ordinance to amend the Legal Aid Ordinance 1977

Short title

1.  This Ordinance may be cited as the Legal Aid (Amendment) Ordinance 1986.¹

Principal Ordinance

2.  In this Ordinance, “Principal Ordinance” means the Legal Aid Ordinance 1977.²

Constitution of Commission

3.  Section 7 of the Principal Ordinance is amended by omitting paragraph (1) (c) and substituting the following paragraph:

“(c)a Commissioner, being—

(i)where there are persons holding office as members of the House of Assembly—a member of that House nominated by that House; and

(ii)where there are not any persons holding office as members of the House of Assembly—a person recommended by the Attorney-General;”.

Tenure of office

4.  Section 48 of the Principal Ordinance is amended—

(a)by inserting “and the Commissioner referred to in sub-section (2)” after “Officer”; and

(b)by adding at the end the following sub-section:

“(2) Subject to this Division, if a Commissioner’s appointment is occasioned by reason of the circumstances referred to in sub-paragraph 7 (1) (c) (ii), the Commissioner holds office until—

(a)the first meeting of the House of Assembly held after the election of members of that House next following the Commissioner’s appointment; or

(b)the expiration of the period of 12 months that commenced on the date of the Commissioner’s appointment,

whichever first occurs.”.

Removal from office

5.  Section 52 of the Principal Ordinance is amended by omitting sub-section (3) and substituting the following sub-section:

“(3) If a Commissioner referred to in paragraph 7 (1) (c), being a Commissioner who was, at the time of his or her appointment, a member of the House of Assembly, ceases to be a member of that House, the Governor-General shall remove the Commissioner from office.”.

Removal from particular office

6.  Where, immediately before the commencement of this Ordinance, a Commissioner was liable to be removed from office by the Governor-General under sub-section 52 (3) of the Principal Ordinance, that Commissioner ceases, by force of this section, to hold office as a Commissioner of the Commission.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 October 1986.

2. No. 31, 1977 as amended by Nos. 29 and 46, 1978; No. 15, 1980; No. 84, 1982; Nos. 3 and 55, 1984; No. 1, 1985.